Court No. - 44
Case :- WRIT - B No. - 1535 of 2019 Petitioner :- Ravindra Pathak Respondent :- Consolidation Officer And Another Counsel for Petitioner :- Baijant Kumar Mishra Counsel for Respondent :- C.S.C.
Hon'ble Rajiv Joshi,J.
Heard Sri Baijant Kumar Mishra, learned counsel for the petitioner and learned Standing Counsel.
Present writ petition has been filed for the issuance of writ of mandamus commanding respondent no.1-Consolidation Officer Padrauna, Kushinagar to decide the case no. 16/Restoration in a proceeding under Section 42 (A) of U.P.C.H. Act, 1953 (hereinafter referred to as Act) within stipulated time.
It reflects from the record that petitioner filed an application for correction of revenue entries under Section 42A of the Act, which was allowed vide order dated 21.7.2016. Against that order, respondent no.2 filed a recall application, which was dismissed in default vide order dated 10.4.2018. Thereafter, an application for recalling the order dated 10.4.2018 was filed by respondent no.2, which was allowed vide order dated 25.7.2018 restoring the earlier restoration application to its original number, which is pending for consideration since 2018.
Under these circumstances, respondent no.1-Consolidation Officer Padrauna, Kushinagar is directed to decide the Case no. 16 (Restoration) in a proceeding under Section 42 (A) of the Act expeditiously, preferably, within a period of four months from the date of production of certified copy of this order.
With the aforesaid direction/observation, writ petition stands disposed of.
Order Date :- 29.5.2019 Noman